Bail bondsman
Uniquely American phenomenon.
Discretionary decision
Made by the judge at a defendant's initial appearance in court. Decides whether or not
there is probable cause to detain. EX: If there is an inkling of doubt that the person will
skip town, the judge will likely make the person remain in jail until his next hearing
Pre-trial release
3 different types: non-financial, financial, and emergency
Non-financial pretrial release
ROR (release on recognizance), conditional (supervised) release, and unsecured bond
ROR
A person is sent on release if the judge feels he can trust the person to appear in court
at his next hearing
Conditional (supervised)
Person may have to report back to the court periodically or take periodic drug tests.
Failure to abide by these rules will result in a trip back to jail
Unsecured bond
The person has a bail amount set, however no payment is required to secure his
release
Emergency
Jail crowding leads to the release of certain individuals. This is a rare form of pretrial
release, however
Full cash bonds
Bail is paid back after an individual shows up to his later court date
Abscond
The act of not showing up to a court date. Leads to bail forfeiture hearing
Bail forfeiture hearing